Man charged with killing mom has history of mental health issues

OROVILLE - The man facing a possible death penalty sentence if convicted of killing his mother last December has a history of mental health problems that may date back to high school.

An Enterprise-Record review of appeals court records reveals that Anthony David Yee, 44, was previously diagnosed with paranoia and schizophrenia and required medication during proceedings around his attack on a Southern Pacific Railroad police officer in June 1989.

Yee has a preliminary hearing set for today in Butte County Superior Court. During that hearing, a judge will determine if there is probable cause to hold the defendant for trial on a felony count of first-degree murder for the Dec. 19 death of Judith Nathan, 66, of Chico. Yee also faces the special circumstances that he was lying in wait or committed the crime during a burglary or robbery.

However, defense attorney Eric Ortner said he may seek a delay to continue an ongoing evaluation into his client's mental health issues. Ortner said he has begun reviewing the voluminous record from the 1989 case. He said he is exploring Yee's mental health as part of the case.

"The mental health aspect plays a significant role in this case and Mr. Yee," Ortner said.

District Attorney Mike Ramsey said prosecutors are also reviewing Yee's mental health. However, he said Yee must use mental health as a defense before the prosecution can launch a more substantial examination, such as reviewing medical records.

District Attorney's chief investigator Rick West said it wasn't known if Yee was on medication at the time of the killing.

Ramsey said he hadn't made the decision about whether to pursue the death penalty or seek life imprisonment without the possibility of parole. He said a decision usually isn't made until after a preliminary hearing.

If the case goes to trial, a jury could consider Yee's mental heath as a potential mitigating factor.

Ramsey said the prosecution also considers a defendant's mental health in death penalty cases. He said there may be circumstances where a defendant is too dangerous to let live and risk further harm to others.

Ramsey conceded that life without parole may serve a similar purpose. However, he said the death penalty could serve to discourage others from committing similar offenses or to prevent a specific defendant from causing further harm.

San Francisco assault

Yee's mental health played a considerable role when he was prosecuted for attempted murder involving a mid-afternoon attack in San Francisco on June 10, 1989.

According to appeals court records, Southern Pacific police officer Gary Fowler was walking on Market Street away from the railroad's then-headquarters near the Embarcadero when he passed Yee. Yee turned around and followed Fowler toward Fremont Street while pulling a softball bat from a bag.

Without saying anything and with an expressionless face, Yee struck Fowler in the head with full swings of the bat. Bystanders came to the stricken officer's aid and two chased Yee but he fled.

Yee was arrested in the area the following day.

Fowler, a 16-year veteran of the SP police, suffered career-ending head injuries in the attack and was permanently blinded in his left eye.

Yee pleaded not guilty by reason of insanity and was sent to Atascadero State Hospital after he was deemed incompetent to stand trial. While in custody, he displayed signs of severe psychiatric disorder.

The appeals court file for this case includes several doctors' reports on Yee.

Yee told one doctor that he had started experiencing strange, violent dreams and hallucinations periodically from when he was 15 or 16, but it had gotten worse over time. He also reported hearing voices saying he was hell-bound and he should kill himself.

One woman told a doctor that Yee asked her son prior to the attack to get him a gun and that a sergeant had to pay for his actions. Yee had enlisted in the U.S. Marine Corps after high school and was on an unauthorized leave from Camp Pendleton prior to the attack.

In a later interview, Yee told a doctor that he attempted to get the SP officer's gun in order to commit suicide which would lead to his resurrection and ability to change the world.

When he was restored to competency, a staff psychiatrist at Atascadero wrote it was psychiatrically important that Yee remain on medication with the risk of deterioration if he stopped. However, she also wrote it was uncertain he would continue to take the medicine.

Several reports indicated that Yee stopped taking his medicine at various times after being released from medical care, including shortly before he changed his plea on May 25, 1990.

Yee initially pleaded guilty to the attempted murder charge, but sought to withdraw it about a month later. A judge denied the motion and sentenced Yee to eight years to life in prison on July 12, 1990.

The 1st District Court of Appeal overturned the conviction on June 20, 1992. The three-judge panel ruled the trial court should have allowed Yee to withdraw the plea because of the combination of his questionable mental state and insufficient evidence that Yee was adequately notified about the nature of the charges against him.

A jury trial was held for Yee and he was convicted on April 14, 1995, of felony assault with a deadly weapon causing great bodily injury and mayhem.

San Luis Obisbo burglary

Following his San Francisco conviction, Yee was sent to prison and released on May 8, 1995, according to information from the California Department of Corrections and Rehabilitation. Including his state hospital commitment, he served a total of 5.9 years in custody. He served an additional four months following a 1996 parole violation.

West said investigators don't know much about Yee's whereabouts following his release, although there were no reports of violent behavior. He said Yee had resided at times in Sonoma County and had possibly had jobs in labor.

Yee was listed as a transient when he was arrested while attempting to break into an occupied hotel room in Avila Beach on Dec. 28, 2009, according to San Luis Obisbo County chief deputy district attorney Jerret Gran. Gran said Yee was reportedly cold while cycling through area and sought a place to sleep.

Aside from the San Francisco case, Gran said Yee had no previous record at that point, aside from a 2009 allegation of defrauding an innkeeper in Santa Barbara.

Yee pleaded no contest to a felony count of second-degree commercial burglary and was sentenced to a lower term of 16 months in state prison. Gran said Yee's prior history was considered for sentencing.

Alleged Chico killing

Yee was first released from prison for the burglary on Sept. 2, 2010, after serving half of his sentence - which is when inmates are typically eligible for parole. Records show he was returned to prison twice.

Yee was paroled for the last time on Dec. 9, 2011.

Ramsey has previously said that Yee was paroled from San Quentin State Prison and took a bus to Chico on Dec. 16 and went to his mother's house on White Avenue. On Dec. 17 or 18, a neighbor reportedly heard Yee and Nathan arguing in front of her house. Nathan reportedly feared her son and didn't want him at her house.

On Dec. 19, Yee allegedly broke into Nathan's house. He allegedly attacked her with a hammer and strangled her to death.

Yee reportedly put Nathan's body into a pickup and drove around, seeking a place to dispose of the remains. He gave up and placed the body in the Nathan residence's septic tank on Dec. 21.

Police checked the Nathan residence on Dec. 22 and reportedly found Yee in the house in addition to blood and portions of the carpet cut up. The following day, officers opened the septic tank and discovered Nathan's body, wrapped in a comforter tied with rope and weights.

Yee remains in custody without bail.

Staff writer Ryan Olson can be reached at 896-7763 or rolson@chicoer.com